O uso da justiça restaurativa no delito de furto: possibilidade de exclusão da justa causa para o oferecimento da denúncia pelo Ministério Público

Abstract

The present monography intends to demonstrate the possibility of insertion of Restorative Justice on theft offense, indicating as consequence of the realization and effective compliance of the restorative agreement, the exclusion of just-cause to offer complaint by the Public Ministry, assuming that the condition for the persecution constitutes itself as a garantee against the abusive use of the right of persecution, related to the procedural control of the fragmentary character of Criminal Law. With this proposal, it intends to expand restorative practices in the Brazilian legal system, once they’re commonly used in low level crimes and offenses. In addiction, it’s expected to reduce the violence rate in the country, the number of incarcerated people, and the necessities of people involved in the conflit are prioritized in the criminal proceedings. To the development of this paper, the deductive hypothetical method was used, with a qualitative and applied approach, also using the exploratory research through bibliographic research and interviews.